by Guest » Fri Sep 09, 2011 05:24 pm
Hi, I was wondering if i would be able to sue the company that hit me without sueing the company i work for after being hit by a simi truck drive and it being at his fault. I am now stuck at home, and cant drive. I am also scared to be in an automobile. I have to take pain medication during the day just so i can get though it without breaking down, and i have to take a muscle relaxer to help me get to sleep at night. I still wake up with shoulder neck and back pain everyday. And im gaining weight because i cant do anything and that is makeing me depressed, because i am a very active person.
Posted: Sat Sep 10, 2011 07:44 am Post Subject:
Hi Thorn,
I sympathize with what you're going through.
I think you can always sue the owner of the truck that is responsible for the accident in which you're injured. I'm sure you must be having the documents of your treatments after your injury. You'll have to hand over these documents to your attorney, who'll represent you in the court.
Posted: Sat Sep 10, 2011 04:04 pm Post Subject:
Why would you sue the company you work for? How would they be at fault? In order to sue you either file in small claims court and you would be going up against an attorney for the other company or you'd need to pay an attorney 40% of your settlement to represent you.
You don't need to sue someone to get paid. You can also file a claim and ask them to pay you a settlement amount. It's up to you.
If you were working at the time then you probably have workers compensation through your own carrier to initially address your loss wages and medical expenses. If they provide you workers comp, then you cannot sue your own carrier. They get tort immunity in return for providing workers comp (not that they would be at fault anyway).
Posted: Sun Sep 11, 2011 05:12 am Post Subject:
Hit by a Simi Truck While at work in my company vehicle
Other than workers' compensation, you have no other claims unless your actual loss exceeds your WC benefits (only wages would be subject to limitations in most states)..
You cannot sue for emotional distress. That, too, is a WC claim.
If you even sued the other party and received any amount of money from them (or their insurer), you would owe most or all of the money to your employer's WC carrier (up to 100% of what they have paid you or hospitals or physicians).
And im gaining weight
A doctor would probably tell you to reduce your calorie intake.
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